Smith v. Bastin

Opinion of the Court by

Judge Sampson

— Reversing.

Appellant, Sam Smith, who was convicted under section 1159, Kentucky Statutes;, in the Boyle circuit court in September, 1919, of the crime of having in his possession burglar topis, and adjudged to serve m Hide-*165terminate term of not less than two nor more than five years in the state penitentiary at Frankfort, began this action in the Franklin circuit court to obtain a mandatory injunction compelling appellees, ' Henley V. Bastin, et al., officers of the reformatory, to release appellant Smith from custody on the ground that the judgment of the…